Attorney General's 'power grab' as Lord Hermer gives himself Government policy 'veto'

Lord Hermer has been accused of “extraordinary overreach” after it emerged he had effectively obtained veto powers over government policy. Leaked guidance issued by the Attorney General shows that he has watered down advice given to lawyers who advise Cabinet members, prompting a series of complaints accusing him of attempting to block decisions.

The advice includes a so-called “snitch clause” telling civil servants to inform him if ministers are set to take action that they deem to be potentially unlawful, whilst also reducing measures designed to stop lawyers becoming blockers on Government policy. Sir Michael Ellis, a former Conservative Attorney General, accused Hermer of “empire building” after “effectively giving himself a veto over all Government business”. He told The Telegraph: “This is another extraordinary overreach by Lord Hermer, who has effectively given himself a veto over all Government business.

“It is quite something if ministers of the crown within the same Government cannot be trusted, and have to be snitched on by their own officials.

“I often received advice from lawyers whose opinion was that there was a minimal chance of success, and then when the matter was later litigated, the Government actually won the case.

“This is an empire-building charter for a stagnating and internally divided Government.”

The guidance, which has been seen by the Telegraph, is designed to help Government lawyers responsible for advising ministers.

The new guidelines tell lawyers to assume that every decision will be challenged in the courts, whereas previously lawsuits were deemed to be very unlikely in the majority of cases.

Lord Hermer’s advice has prevented the UK from aiding the US in its attack on Iran and is believed to underpin the Government’s motivation to repeal laws which endanger the future of veterans of campaigns in Northern Ireland.

Alex Burghart, the Shadow Chancellor of the Duchy of Lancaster, said: “Measures like the snitch clause will undermine discussion across Government and harm our national interest.

“Keir Starmer’s Attorney General is putting the partisan views of activist lawyers before the national interest.”

According to the guidance, civil servant lawyers must now treat international law with the same weight as national law and has been used heavily to justify the controversial Chagos deal.

It states: “The rule of law requires compliance by the state with its obligations in international law as in national law, even though they operate on different planes.”

A spokesman for the Attorney General said: “We are getting on with delivering the Plan for Change, from getting NHS waiting lists down, to rolling out free breakfast clubs in primary schools, expanding free school meals, and creating growth, wealth and opportunity for all.

“Government lawyers advise ministers, but it is always ministers that make decisions on policy as has been the case under successive governments.”